14 C.F.R. § 305.1

Applicability

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The provisions of this part shall govern informal nonpublic investigations, as distinguished from formal investigations and adjudicatory proceedings, undertaken by the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings with a view to obtaining information from any person. While the Department seeks and encourages voluntary cooperation and believes that it is in the best interest of all parties concerned, it will utilize the procedures provided by this part to compel the disclosure of information by any person where DOT wishes to determine whether such person, or any other person, has been or is violating any provisions of 49 U.S.C. Subtitle VII, Chapter 411 or 49 U.S.C. 40102(2), 41502, 41507, 41508, 41509, 41702, 41703, or 46101, or any rule, regulation, order, certificate, permit, or letter or registration issued pursuant thereto by DOT and when the information appears to be relevant to the matter under investigation. This part shall not apply to employees or records of other agencies of the U.S. Government, the District of Columbia, or the several States and their political subdivisions.

[Docket No. 82, 50 FR 2421, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15937, Apr. 16, 2019]

Notes of Decisions

Cited in 2 cases, 1976–1983 · leading case: Civil Aeronautics Bd. v. United Airlines, Inc., 542 F.2d 394 (7th Cir. 1976).

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Civil Aeronautics Bd. v. United Airlines, Inc., 542 F.2d 394 (7th Cir. 1976). “” 14 C.F.R. § 305.1 . We are not told whether the agents who sought access to United’s files were with the Bureau of Enforcement, but the complaint and stipulation of facts are both signed by a Bureau of Enforcement attorney, and it is difficult for us to characterize this…”

United Airlines, Inc. v. McKinnon, 580 F. Supp. 189 (D.D.C. 1983). “” 14 C.F.R. § 305.1 . Section 305 was specifically issued to implement § 1004 of the Act.”

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